2005 California Public Resources Code Sections 42472-42475.4 Article 5. Administration

42472.  (a) The imposition of a covered electronic waste recycling
fee is a matter of statewide interest and concern and is applicable
uniformly throughout the state.  A city, county, city and county, or
other public agency may not adopt, implement, or enforce an
ordinance, resolution, regulation, or rule requiring a consumer,
manufacturer, or retailer to recycle covered electronic devices or
imposing a covered electronic waste recycling fee upon a
manufacturer, retailer, or consumer, unless expressly authorized
under this chapter.
   (b) Nothing in this section prohibits the adoption,
implementation, or enforcement of any local ordinance, resolution,
regulation, or rule governing curbside or drop off recycling programs
operated by, or pursuant to a contract with, a city, county, city
and county, or other public agency, including any action relating to
fees for these programs.  Nothing in this section shall be construed
to affect any contract, franchise, permit, license, or other
arrangement regarding the collection or recycling of solid waste or
household hazardous waste.
42473.  The Legislature declares that the imposition of a covered
electronic waste recycling fee would not result in the imposition of
a tax within the meaning of Article XIII A of the California
Constitution, because the amount and nature of the fee has a fair and
reasonable relationship to the adverse environmental burdens imposed
by the disposal of covered electronic devices and there is a
sufficient nexus between the fee imposed and the use of those fees to
support the recycling and reuse of these devices.
42474.  (a) Civil liability in an amount of up to two thousand five
hundred dollars ($2,500) per offense may be administratively imposed
by the board for each sale of a covered electronic device for which a
covered electronic waste recycling fee has not been paid pursuant to
Section 42464.
   (b) A civil penalty in an amount of up to five thousand dollars
($5,000) per offense may be imposed by a superior court for each sale
of a covered electronic device for which a covered electronic waste
recycling fee has not been paid pursuant to Section 42464.
   (c) Civil liability in an amount of up to twenty-five thousand
dollars ($25,000) may be administratively imposed by the board
against manufacturers for failure to comply with this chapter, except
as otherwise provided in subdivision (a).
42474.5.  This chapter and all regulations adopted pursuant to this
chapter may be enforced by the department pursuant to Chapter 6.5
(commencing with Section 25100) of Division 20 of the Health and
Safety Code.
42475.  (a) The board shall administer and enforce this chapter in
consultation with the department.
   (b) The board and the department may adopt regulations pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code that are necessary to implement
this chapter, and any other regulations that the board and the
department determines are necessary to implement the provisions of
this chapter in a manner that is enforceable.
   (c) The board shall adopt regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code that ensure the protection of any proprietary
information submitted to the board by a manufacturer of covered
electronic devices.
   (d) The board and the department may prepare, publish, or issue
any materials that the board or department determines to be necessary
for the dissemination of information concerning the activities of
the board or department under this chapter.
   (e) In carrying out this chapter, the board and the department may
solicit and use any and all expertise available in other state
agencies, including, but not limited to, the department, the
Department of Conservation, and the State Board of Equalization.
42475.2.  (a) The board and the department may each adopt
regulations to implement and enforce this chapter as emergency
regulations.
   (b) The emergency regulations adopted pursuant to this chapter
shall be adopted in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and for the purposes of that chapter, including Section 11349.6
of the Government Code, the adoption of these regulations is an
emergency and shall be considered by the Office of Administrative Law
as necessary for the immediate preservation of the public peace,
health, safety, and general welfare.  Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, any emergency regulations adopted by the board
or the department pursuant to this section shall be filed with, but
not be repealed by, the Office of Administrative Law and shall remain
in effect for a period of two years or until revised by the
department or the board, whichever occurs sooner.
42475.3.  The board in collaboration with the department shall
convene a covered electronic waste working group comprised of
representatives from manufacturers of covered electronic devices and
other interested parties to develop and, by July 1, 2005, advise the
board and the State and Consumer Services Agency on environmental
purchasing criteria that may be used by state agencies to identify
covered electronic devices with reduced environmental impacts.  In
defining criteria, the group shall consider the environmental impacts
of products over their entire life cycle, as well as tradeoffs in
other product attributes such as safety, product functionality, and
cost.  The group shall also consider any federal product evaluation
or rating system, or market based system to promote the development
and sale of environmentally conscious products.
42475.4.  (a) The board shall annually establish, and update as
necessary, statewide recycling goals for covered electronic waste.
In implementing this section, the board shall do all of the
following:
   (1) Post on its Web site information on the amount of covered
electronic devices sold in the state in the previous year as reported
to the board.
   (2) Post on its Web site information on the amount of covered
electronic waste recycled in the state in the previous year as
reported to the board.
   (3) Develop and adopt recycling goals, with input from
manufacturers, retailers, covered electronic waste recyclers, and
collectors, that reflect projections of covered electronic device
sales, rates of obsolescence, and stockpiles.
   (b) Nothing in this section authorizes the board to establish any
recycling rates or dates by which a manufacturer of covered
electronic devices shall comply with this chapter, or to impose any
other recycling goal or target on a manufacturer of those devices.